Tag Archives: patent infringement

Methods of treating a subset of patients are likely nonobvious if the subset exhibits unexpected results

Photo of Ron KernBy Ron Kern on Posted in Uncategorized
In Prometheus Laboratories, Inc. v. Roxane Laboratories, Inc.,[1] a recent decision involving methods of treating a specific subset of patients, the Court of Appeals for the Federal Circuit (“Federal Circuit”) ruled that, although the claims of the patent at issue were invalid as obvious, singling out a particular subset of patients for treatment can still … Continue Reading

Denial of a Preliminary Injunction Against Twilio

Photo of Carrie LongstaffBy Carrie Longstaff on Posted in Uncategorized
Twilio, Inc. is a cloud communications company that earlier this year raised $100 million in funding, a figure that placed it in the Unicorn Club—those startup companies with valuations over a billion dollars. Twilio has made a name for itself as a cloud-based communications platform. But Twilio faced a problem when it was sued by … Continue Reading

Attorney Fees for Post-Grant Patent Challenge Proceedings Before the USPTO May Be Recoverable in Exceptional Cases Under 35 U.S.C. § 285

By Hans Smith on Posted in Uncategorized
Parties accused of patent infringement are turning more and more to post-grant challenge proceedings at the United States Patent and Trademark Office (“USPTO”) as a faster and cheaper means for invalidating the asserted claims. A recent federal district court order indicates that the fees and costs associated with such proceedings may be recoverable if the … Continue Reading

Does ‘Raging Bull’ Deliver Knockout to Patent Laches Defense?

By Andrew Alexander on Posted in Uncategorized
Under Federal Circuit case law, patent-infringement defendants may assert the laches defense – an equitable defense barring claims brought after an unreasonable delay. But the doctrine will soon square off in the Federal Circuit against a heavy hitter: “Raging Bull.” In 2014, the Supreme Court decided a copyright case about the popular boxing movie “Raging … Continue Reading

Federal Circuit Affirms Finding of Infringement in SynQor v. Artesyn Techs.

By Dr. Lawrence M. Sung on Posted in Uncategorized
“This court also sees no reason why [the plaintiff’s] decision not to argue pre-verdict willful infringement at trial should preclude the district court from finding willful infringement for post-verdict sales.” On March 13, 2013, in SynQor, Inc. v. Artesyn Techs., Inc., the U.S. Court of Appeals for the Federal Circuit (Rader,* Lourie, Daniel) affirmed the … Continue Reading
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